2006.11.07_TC_Minutes_Regularr r
. TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday, November 7, 2006 1:30 P.M.
Mayor Harold R. Hagelmann called the Regular Meeting to order in Commission
Chambers at 1:30 P.M.
Town Clerk Doris Trinley called the roll. The Mayor Vice Mayor Joseph J. Asselta, and
Commissioners Rachael Scala-Pistone, Miriam S. Zwick and Jim Newill, CPA were
present.
Town Attorney Thomas E. Sliney and Town Manager Dale S. Sugerman were also
present, as were members of the general public.
After roll call, the Pledge of Allegiance was given, following by a minutes of silence in
honor of the nation's military personnel.
1. ADDITIONS. DELETIONS OR ACCEPTANCE OF AGENDA
The Town Manager, at the request of the City of Delray Beach, asked that a proposed
ordinance be added to the Agenda for discussion, which proposed ordinance would
adopt a tax on property insurance premiums in the Town, which funds would be made
available to Delray for inclusion in their Firefighter Relief and Pension Fund.
Hearing no objection, Mayor Hagelmann added the proposed ordinance to the Agenda,
moving it to the first Agenda item for discussion.
Bob Barcinski, Delray's Assistant City Manager, introduced Delray's Attorney, Susan
Ruby, who explained the proposed ordinance to the Commission. Her remarks included
that there would be no increase to anyone's premium, as the excise tax is already
included in the policies, but the funds now go the State. However, because the Town
has an Interlocal Agreement for Fire/Rescue services with Delray, that City would be
eligible to receive insurance premium taxes from Town policyholders per FS
175.041(3)(c) and 175.101(3); but in order to implement the monies going to Delray, Ms.
Ruby stated the Town would have to adopt the ordinance presented today.
During discussion that followed, Ms. Ruby asked if the Town would consider this an
"emergency" ordinance, because the information was so recently made available from
the State, which had imposed a December 1 deadline for all such ordinances to be in
place. Town Attorney Sliney replied that there was no need to consider the ordinance
• an emergency; he suggested title only first reading at this time, followed by publication,
and then adoption at a Special Meeting in conjunction with the November 28 Workshop.
Town Commission Regular Meeting Agenda
November 7. 2006 Page 2 of 7
1. ADDITIONS, DELETIONS OR ACCEPTANCE OF AGENDA
This procedure was agreeable to all parties, and the Clerk was directed to give first
reading to the proposed ordinance:
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING
THE CODE OF ORDINANCES OF THE TOWN OF HIGHLAND BEACH, BY
ENACTING A NEW SECTION LEVYING AND IMPOSING ON ALL INSURERS
NOW OR HEREAFTER CARRYING ON THE BUSINESS OF INSURING WITH
RESPECT TO PROPERTY INSURANCE AN EXCISE OR LICENSE TAX IN
ADDITION TO ANY TAX NOW LEVIED, OF 1.85% OF THE GROSS AMOUNT
OF RECEIPTS OF ALL PREMIUMS COLLECTED FROM PROPERTY
INSURANCE POLICIES INSURING PROPERTY WITHIN THE CORPORATE
LIMITS OF THE TOWN OF HIGHLAND BEACH AND PROVIDING THAT SUCH
TAX SHALL BE DUE AND PAYABLE TO THE CITY OF DELRAY BEACH,
FLORIDA FOR THE CITY'S FIREFIGHTER RELIEF AND PENSION FUND IN
ACCORDANCE WITH STATE STATUTES, PROVIDING A GENERAL REPEALER
CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE.
• So Delray could report back to the State in a timely manner, Ms. Ruby asked if a vote
of commitment to adoption on November 28 could be taken today. The vote was
unanimous.
Copy of the ordinance is attached to and made part of these minutes.
2. PUBLIC COMMENTS AND REQUESTS
Financial Advisory Board Chair, Alan Teller, 4210 S. Ocean Blvd., advised that Victor
Hadeed, Beachwalk East, former member of the Financial Advisory Board, had
expressed interest in joining the Board again. Because Mr. Hadeed. had long and
faithfully served the Town on various Boards, Mr. Teller asked if the Commission could
appoint him to the FAB at this meeting. Some discussion followed, and while the
members were pleased to hear this news, it was agreed that Mr. Hadeed should submit
an updated Talent Bank and be considered for appointment at the December 12 Regular
Meeting.
Deanna Kelvin, Boca Hi, referred to County actions on the Milani Park property (clearing
a large section of Australian Pine trees) that had left the area an eyesore and the
adjacent Boca Hi property in an unsafe condition. Vice Mayor Asselta suggested that
the Town ask the County for permission to rectify the condition of the area; Town
Manager Sugerman said he would take on the assignment and report his findings at the
• November 28 Workshop.
Town Commission Regular Meeting Minutes
• November 7 2006 Page 3 of 7
2. PUBLIC COMMENTS AND REQUESTS (continued)
Art Selnick, Toscana West, expressed chagrin regarding the actions of an unnamed
Commission member, referring to someone trespassing into Toscana West and, without
permission, posting materials that encouraged a veto of the change in term limits from
3 2-year terms to 2-3-year terms. Mr. Selnick said he wanted to bring this to the
Commission's attention before it becomes a major issue.
Seymour Strauss, Boca Hi, announced that he would soon be 90 years old and wanted
his "legacy" to be sculpture and music; therefore, because it has been established that
he is a Florida resident, he wanted to be reconsidered for appointment to the Cultural
Board.
3. PRESENTATIONS
NONE.
4. BOARDS AND COMMITTEES
• A) .BOARD CORRESPONDENCE: NONE.
B) BOARD VACANCIES: ONE (1) ON FINANCIAL ADVISORY BOARD; ONE
(1) ON CULTURAL BOARD; ONE (1) ON BOARD OF ADJUSTMENT
No action taken.
C) BOARD ACTION REPORT. Received as information.
D) MONTHLY BOARD MEETINGS:
Planning Board Regular - 11/8/06 - 9:30 A.M.
Board of Adjustment -None Scheduled.
Code Enforcement Board -Special - 11/17/06 - 9:30 A.M.
Financial Advisory Board -None Scheduled.
Beaches & Shores Advisory Regular - 11/14/06 - 9:30 A.M.
Cultural Board Regular -Regular - 11/16/06 - 9:30 A.M.
5. PROPOSED ORDINANCES AND RESOLUTIONS
(1) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, ADOPTING BY REFERENCE THE
FIRE PROTECTION CODE OF THE CITY OF DELRAY BEACH,. FLORIDA.
• (first reading)
Town Commission Regular Meeting Minutes
• November 7 2006 Paae 4 of 7
5. PROPOSED ORDINANCES AND RESOLUTIONS (continued)
(2) AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA,
AMENDING IN FULL THE TOWN CODE, CHAPTER 29 ENTITLED "WATER
SYSTEM," SECTION 29-10 ENTITLED "CHARGE FOR WATER SERVICE."
(first reading)
As these two (2) proposed ordinances were reviewed at length at the October 31
Workshop, there was no discussion at this time.
6. NEW BUSINESS
NONE.
7. MISCELLANEOUS -ITEMS LEFT OVER
DISCUSSION RE SETTING UP A TRANSPORTATION PROGRAM.
Mayor Hagelmann asked Vice Mayor Asselta to repeat the information he had shared
at the October 31 Workshop regarding the availability of public and private (personal)
• transportation. Concluding the Vice Mayor's remarks, it was the consensus that the
Town should not set up a transportation program; the Town Manager was asked to notify
Molly's Trolley's of this decision.
8. REPORTS -TOWN COMMISSION
Commissioner Jim Newill, CPA, had no report.
Commissioner Miriam S. Zwick expressed her unhappiness with the local political
campaign, saying it had caused shame and embarrassment.
Commissioner Rachael Scala-Pistone had no report.
Vice Mayor Joseph J. Asselta advised it was always his position that it was for the
people to decide if the they wanted a change in term limits, as well as no one being
allowed to serve more than six (6) years;. consequently, he and Commissioner Zwick had
agreed to give up a year and serve only five (5) years (terms ending in 2009).
Regarding the ballot language being confusing or misleading, as some had alleged, the
Vice Mayor reminded it had been discussed at least two (2) meetings and had not been
challenged.
• Next, Vice Mayor Asselta gave a short discourse on our Town Manager form of
government, including that the Commission can receive information from the Manager,
but cannot micro-manage or interfere. Vice Mayor Asselta also suggested that the
Town Commission Regular Meeting Minutes
November 7 2006 Paae 5 of 7
8. REPORTS -TOWN COMMISSION (continued)
members not insinuate themselves into the proceedings of any Town board meetings;
if any member had an interest in any Board, it would be more appropriate if they
watched the televised proceedings.
Mayor Harold R. Hagelmann continued with the Vice Mayor's assessment of the
referendum question, and expressed chagrin and disbelief regarding information
disseminated by those opposed to the change in term limits.
At this time, Commissioner Scala-Pistone took the opportunity to state that while she had
been opposed to the change in term limits from the start, the only action she had taken
was to write a letter to Attorney Sliney raising certain questions; she denied any
wrongdoing and said she had nothing to do with the materials distributed to deter
passage of the referndum question. (copy of Commissioner's letter and Town Attorney's
response made part of the October 31 Workshop Minutes)
9. REPORTS -TOWN ATTORNEY
Town Attorney Thomas E. Sliney confirmed November 21, at 1:30 P.M. as the date
and time for Attorney-Client Private Sessions regarding litigation brought by two (2)
police officers, and read from the Statute the allowable parameters of the sessions.
10. REPORTS -TOWN MANAGER
Town Manager Dale S. Sugerman had no report.
At this time, Commissioner Newill left the meeting because of business travel plans.
11. CONSENT AGENDA
Upon request of Vice Mayor Asselta, item #4 was pulled from the Consent Agenda for
further discussion.
The following three (3) items were approved upon MOTION by VICE MAYOR
ASSELTA/COMMISSIONER ZWICK, followed by unanimous favorable roll call vote:
1) APPOINTMENT OF GERALD L. GITNER TO THE FINANCIAL ADVISORY
BOARD.
2) AWARD OF R.O. PLANT RELIABILITY IMPROVEMENT CONTRACT TO
TLC DIVERSIFIED, INC. IN THE AMOUNT OF $1,809,000.00.
Town Commission Meeting Minutes
November 7. 2006 Paae 6 of 7
11. CONSENT AGENDA (continued)
3) THE FOLLOWING SETS OF MINUTES:
SEPTEMBER 26, 2006 WORKSHOP
SEPTEMBER 26, 2006 PUBLIC HEARING/SPECIAL (BUDGET)
OCTOBER 3, 2006 REGULAR
Discussion followed regarding item #4:
4) REQUEST COUNTY TO MOVE FORWARD WITH MILANI PARK.
Substantial discussion took place, with Vice Mayor Asselta saying he believed that he
and Commissioner Newill shared the same opinion, i.e., that the County hold off on
proceeding with the park. The Vice Mayor also agreed with the remarks made earlier
in the meeting by Diana Kelvin regarding the County property in the south end of Town.
In conclusion MOTION was made by VICE MAYOR ASSELTA/COMMISSIONER ZWICK
as follows:
That the Town request the. County to not go forward
with Milani Park; that the County be requested to
improve the condition of the western sector of the
park property and, if the County refuses to do so,
request that the Town be allowed to improve the
property to a reasonable extent.
Motion met with unanimous favorable vote. Town Manager Sugerman will contact the
County in this regard.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO ITEMS DISCUSSED AT
MEETING
None.
13. ADJOURNMENT
There being no further business to come before the Commission at this time, Mayor
Hagelmann adjourned the Regular Meeting at 3:00 P.M. upon MOTION by
COMMISSIONER ZWICK/VICE MAYOR ASSELTA.
dmt
•
Minutes of Touvn Commission Regular Meeting
November 7. 2006 Page 7 of 7
S APPROVE:
c:
Miriam S.
Jim Ne~(iill, CPA, Commissioner
Attest:
Date: la2Z~~~~,b
•
e
ORDINANCE NO. ~ 2 0
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH,
FLORIDA, AMENDING THE CODE OF ORDINANCES OF THE
TOWN OF HIGHLAND BEACH, BY ENACTING A NEW SECTION
9 • ~ LEVYING AND IMPOSING UPON ALL INSURERS NOW OR
HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS OF
INSURING WITH RESPECT TO PROPERTY INSURANCE AN EXCISE
OR LICENSE TAX IN ADDITION TO ANY TAX NOW LEVIED, OF
1.85 % OF THE GROSS AMOUNT OF RECEIPTS OF ALL PREMIUMS
COLLECTED FROM PROPERTY INSURANCE POLICIES INSURING'
PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF
HIGHLAND BEACH AND PROVIDING THAT SAID TAX SHALL BE
DUE AND PAYABLE TO THE CITY OF DELRAY BEACH, FLORIDA,
FOR THE CITY'S FIREFIGHTER RELIEF AND PENSION FUND IN
ACCORDANCE WITH STATE STATUTES; PROVIDING A GENERAL
REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE
DATE.
WHEREAS, the City of Delray Beach, Florida, entered into an Interlocal Agreement with the
Town of Highland Beach, Florida, on July 3, 2002, to provide fire-rescue services to the Town of
Highland Beach, Florida; and
WHEREAS, House Bill 1159 was passed into law and became effective on October 1, 2005; and
WHEREAS, House Bill 1159, amended Sections 175.041(3)(c) and 175.101(3), Florida Statutes
to provide that ahe excise tax levied on all premiums collected on property insurance policies covering
property located within the corporate limits of the municipality that is receiving fire protection services
from another municipality pursuant to an Interlocal agreement, will be available to the municipality that
is providing the fire protection services; and
WHEREAS, the Town of Highland Beach hereby agrees to make available premium tax funds to
the City of Delray Beach. as contemplated by House Bill 1159 and Sections 175.041(3)(c) and
175.101(3), Fla. Stat. (2006).
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
HIGHLAND BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Section 9.7 of the Code of Ordinances of the Town of Highland Beach,
. Florida, shall be enacted as follows:
i Qr(~.1.TYd_*1CE; .NQ. 720
t?aae 2 of _2 ___
• ~1) There is hereby assessed and imposed on every insurance company corporation or
other insurer now enQa~ed in or carrvin~ on or who shall hereafter engage in or carry on the
business of property insurance as shown by the records of the State Department of Insurance an
excise tax in addition to any lawful license or excise tax now levied by the Town in the amount
of one and eighty-five hundredths (1.85) percent of the dross amount of receipts of premiums
from policyholders on all premiums collected on property insurance policies covering_property
within the corporate limits of the Town. In the case of multi lie--peril policies with a single
premium for both the property and casualty coverages in such policies seventy (70) percent of
such premium shall be used as the basis for the one .and eighty-five hundredths (1 85) ercent
t_ax. This excise tax shall be payable annually on March 1 of each year
(2) All money derived from this tax shall be appropriated to the City of Delray
Beach's Firefighter Relief and Pension Fund
•
Section 2. That should any section, subsection, clause or provision of .this ordinance or any
portion thereof, any paragraph, sentence, clause, or word be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part hereof other than the part declared invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith shall be and hereby are
repealed.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTEb BY THE TOV1fN COMMISSION OF THE TOWN OF
HLGHLAND BEACH ON THE 28th DAY OF NOVEMBER 2006.
Attest:
/~~
To n Clerk
ii/7inti
First Reading
11/8/06
Posted After First Reading
r:
Rachael Scala-Pistone, Commissioner
11/16!06 ~,/yr~~
Published Miriam S. Zwick
11/28/06
Final Reading
(Special Meeting)
11/29/06
Posted After Final Reading
rte/"/ ~ .S C, N /
Jim Newill, CPA, Commissioner
-~t3s~N; --